Co-owner - Non demarcation of suit property - Construction of compound wall, within suit property, to protect suit property from further encroachment - Permission granted, upheld. (2017(3) Civil Court Cases 461 (S.C.)*

*IMPORTANT DECISIONS (04.09.2017)*

*Co-owner - Non demarcation of suit property - Construction of compound wall, within suit property,  to protect  suit property from further encroachment -  Permission granted, upheld. (2017(3) Civil Court Cases 461 (S.C.)*

*Dishonour of cheque - Conviction - Compromise - On failure to pay the agreed amount, within time granted, accused shall be proceeded with for contempt, in addition to other proceedings, in accordance with law. (2017(3) Civil Court Cases 354 (S.C.)*

*Divorce - Irretrievable breakdown of marriage - May be supplementary to any other substantive grounds but same not a standalone ground. (2017(3) Civil Court Cases 335 (Hyderabad)*

*Domestic Violence - Magistrate on being satisfied that domestic violence has taken place can remove the spouse from the shared household. (2017(2) Apex Court Judgments 709 (S.C.)*

*Permanent injunction - Relief in part granted as Revenue Authority granted mutation of part of land - Bonafide purchase of entire property by plaintiff - Decree of permanent injunction granted of entire land. (2017(3) Civil Court Cases 389 (Tripura)*

*Back window*

*Agreement to sell - Contingent contract depending upon certain conditions - If any of the conditions is not fulfilled seller is not bound to sell suit property and complete the sale even if purchaser waived the said conditions. (2016(1) Apex Court Judgments 090 (S.C.)* 

*Bank loan - Non payment - Criminal proceedings not to be quashed even if  accused repaid the loan amount. (2016(2) Apex Court Judgments 107 (S.C.)*

*Criminal trespass into a dwelling house with intention to commit an offence - Offender not successful in committing the offence - Held, accused is even then liable for offence u/s 451 IPC.  (2010(1) Criminal Court Cases 533 (Kerala)*  

*Dishonour of cheque - Loan - Neither any receipt nor any authenticated document placed on record - No proof of legal liability - Accused rightly acquitted. (2016(1) Criminal Court Cases 631 (P&H)*

*Dowry death - Family members - Living together - By itself does not lead to conclusion that each of the family member was involved in demanding additional dowry and also behaving in a cruel or humiliating manner towards the deceased. (2014(1) Criminal Court Cases 001 (S.C.)*

*FIR - Sending copy of FIR to Magistrate - Sub Inspector  unable to say as to by whom and when copy of FIR was sent to Magistrate - No attempt made to prove as to when and how  copy of FIR was sent to Magistrate - Held, such glaring omission on the part of prosecution lends credence to the plea of defence about ante-timing of FIR. 2014(2) APEX COURT J 640 (S.C.)*

*Limitation - Computation - Limitation prescribed is the date of institution of complaint/charge sheet and not the date of cognizance or issuance of process by Court. (2016(1) Criminal Court Cases 846 (Delhi)*

*Part performance - Plea can be taken only in defence. (2016(2) Apex Court Judgments 670 (S.C.)*

*Rape victim - Termination of pregnancy - Permission of Court is not required - Pregnancy can be terminated at the nearest Government hospital when a request is made by rape victim or guardian in case of minor rape victim. (2015(1) Criminal Court Cases 835 (P&H)*

*Service - Disciplinary proceedings - Admission of charges - There is no need to hold an inquiry into the charges. (2016(1) Apex Court Judgments 689 (S.C.)*